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ZONING BOARD OF APPEALS
June 1, 2009
@ 7:30
p.m.
AGENDA and DRAFT MINUTES
CALL TO ORDER:
APPROVAL OF AGENDA:
June 1, 2009
INTRODUCTION OF MEMBERS:
CALL TO PUBLIC:
Agenda Items only – 3 minute limit
APPROVAL OF MINUTES FOR:
November 10, 2008 Regular Meeting
OLD BUSINESS:
NEW BUSINESS:
ZBA Case # 01-09 – George Alder
5493
W. Coon Lake Road
– Tax ID# 4710-19-300-029
NEW BUSINESS:
CALL TO PUBLIC:
ADJOURNMENT:
DRAFT MINUTES
MEMBERS PRESENT:
John Lowe, Dan Lowe, Larry Fillinger,
Dan Rossbach
, and
Linda Manson-Dempsey
MEMBERS
ABSENT:
None
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CALL TO ORDER
John Lowe called the meeting to order at
7:30 p.m.
APPROVAL OF AGENDA
NEW
BUSINESS
ZBA
Case #01-09—George Alder, 5493 W. Coon Lake Rd., Tax ID #4710-19-300-029
Mr.
Alder presented his case to the ZBA members.
He is asking for a variance to Section 6.07 #3—Accessory Structure
in Front Yard. The parcel is
approximately 2.5 acres and the house is built on the back of the lot.
There is no room for a pole barn behind the house.
Larry Fillinger asked if the parcel could be split in the future.
Annette McNamara
said the parcel isn’t large enough to be divided.
John Lowe said it’s difficult to tell exactly where the lot lines
are and suggested Mr. Alder get a boundary survey to ensure the pole barn
meets the setbacks. Ms. McNamara
said she could provide Mr. Alder with names of three or four surveyors.
Call
to the Public
None.
Motion
Linda Manson-Dempsey
motioned for ZBA Case
#01-09, George Alder, Tax ID #4710-19-300-029, to grant a variance to
Section 6.07 #3—Accessory Structure in Front Yard, considering the
following criteria:
1.
How the
strict enforcement of the provisions of the township zoning ordinance would
cause an unnecessary hardship and deprive the owner of rights enjoyed by all
other property owners owning property within the same zoning district.
The
pole barn cannot be put behind the house due to the location of the house on
the property.
2.
The
conditions and circumstances unique to the property, which are not similarly
applicable to other properties in the same zoning district.
The
original owners put the house at the back of the lot without enough room for
an accessory structure.
3.
The
conditions and circumstances unique to the property were not self created.
The circumstances were not
self-created.
4.
Why the
requested variance will not confer special privileges that are denied other
properties similarly situated and in the same zoning district. Other
properties similarly situated would be allowed to put an accessory structure
on the property. Due to the
terrain, water table and location of the house, Mr. Alder is unable to put
it behind the house.
5.
Why the
requested variance will not be contrary to the spirit and intent of this
zoning ordinance. Accessory
structures are allowed.
6.
The
difficulty shall not be deemed solely economic.
The
difficulty is not economic.
Larry
Fillinger seconded. Roll call
vote: Fillinger, Manson-Dempsey,
Rossbach, J. Lowe, D. Lowe—all yes. Motion carried 5-0.
CALL TO THE PUBLIC
Brent Walker,
Fisk Road
, said he wants to put on a new front porch and was red-tagged by the
Livingston County Building Department. His
application for a Land Use Permit was denied by the township because it
doesn’t meet the front-yard setback requirement.
His entire project will only cost about $500 and he feels the $400
fee for the variance request is too high.
John Lowe said the Zoning Board of Appeals doesn’t set the fees and
Mr. Walker will have to go the Board of Trustees.
The next Board meeting is June 11, and the deadline for the July ZBA
meeting is Monday, June 15.
The ZBA members asked the zoning
administrator to request the date for the July ZBA meeting be changed to
July 13.
Ms. McNamara said the MSU Extension
has a presentation on making motions for the ZBA members if they’re
interested. John Lowe said he
would like to have something scheduled for the next meeting.
ADJOURNMENT
Linda Manson-Dempsey
motioned to adjourn the meeting at
8:05 p.m.
Larry Fillinger seconded. Motion carried 5-0.
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